Can a child make an application to court?

A child is able to apply to the court for a residence order but they have to apply for leave and will only be able to do so if the court is satisfied that the child has sufficient understanding to make such an application. The courts do not encourage applications by children and it is unlikely that a child under the age of 12 will be considered to have sufficient understanding; however, this will differ from case to case. A child who wishes to apply for leave will require the assistance of a 'next friend' and their application for leave will have to be made to the High Court.

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